Case Summary
A registered partnership firm filed a suit against the defendant for cheque dishonour of Rs. 65,000 repayment towards a vehicle loan availed by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs. 69,200 with interest and costs
Case Type
Civil Suit - Recovery of Money
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to prove the dishonour of the cheque and the defendant's failure to pay.
The plaintiff provided cogent and reliable evidence to prove the dishonour of the cheque and the defendant's failure to pay.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is allowed to realise an amount of Rs.69,200/- with interest at the rate of 6% per annum from the date of suit till realisation from the defendant and his assets. 2. The plaintiff is allowed to realise the cost of the suit from the defendant.
Parties Involved
Plaintiffs
M/s. Bharathi Auto Finance (Age not specified years)
Door 26/175L, 204, 1st Floor, Nusrath Complex, Naduvilangadi, Tirur Taluk
Defendants
Tharayamkandathil Shaji (Age not specified years)
Nadivulangadi, PO. Pookkayil Bazar, Tirur Taluk, PIN 676 107
Reliefs
Relief Type:
Debt Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize Rs.69,200 with interest and costs
Evidence:
The plaintiff provided cogent and reliable evidence to prove the dishonour of the cheque and the defendant's failure to pay.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of cheque issued by the defendant
Reference:
11-09-2013 Cheque of State Bank of India for Rs.65,000/-
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Proof of cheque dishonour due to insufficient funds
Reference:
21-10-2013
Document Type:
Lawyer Notice Copy
Submitted By:
Plaintiff
Relevance:
Notice to defendant regarding dishonoured cheque
Reference:
24-10-2013
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Evidence of defendant receiving the notice
Reference:
25-10-2013